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Nevada—Calls to Governor Needed to Support Parental Rights Bill!

Thank you for defending parental rights.

HSLDA President Mike Smith has been an advocate for homeschooling for more than 30 years.Read more >>

Senate Bill 314 Summary—Provides that the right of parents to make choices regarding the upbringing, education and care of their children is a fundamental right.

Sponsor: Senator Denis

Status: SB 314 passed both the Nevada Senate and Assembly and has been delivered to Governor Sandoval; awaiting his signature.

Action Requested

1. Call, fax or email Governor Sandoval and encourage him to sign SB 314. In your own words, explain that “SB 314 is a non-partisan bill, intended for the courts, and defines the right of parents to raise their children as a fundamental right. If signed, the law will protect the parent-child bond from intrusion by the state unless there is a compelling reason for the government to do so.”

Background

In the event parents have to go to court to seek protection of their rights against government intrusion, courts first must decide whether the right is fundamental. If the judge decides the right is not fundamental, then the judge will allow the government to infringe on the right as long as it has a “rational” reason. But if the judge decides the right is fundamental, the government may infringe on the fundamental right only when there is a “compelling” reason to do so. The government must show there is no other way to achieve its "compelling" aim except by infringing upon parental rights.

As of today, there is nothing in Nevada statutes or the state constitution enunciating that parental rights are in the category of fundamental rights. The U.S. Supreme Court has ruled that parental rights are fundamental. However, some lower courts and local government officials have resisted compliance with U.S. Supreme Court rulings on this issue. Although Nevada courts have generally been good in recognizing parental rights, it is risky to depend on future court decisions to safeguard a fundamental parental right. This is the problem SB 314 will solve; it will simply give much better protection to parental rights than currently exists in Nevada law.

Opponents of a parental rights law often incorrectly assume that it would give parents a right to abuse their children. This is incorrect. Parents don’t have a right to abuse or neglect their children under Nevada statute, and that will not change if SB 314 becomes law. Rather, this law will simply provide an additional layer of protection afforded through legislative enactment to safeguard parents and children from intrusion by the government into the decision making process within the family unit.

For more information, download the Parental Rights Pamphlet, and HSLDA Attorney Scott Woodruff’s testimony from the Senate hearing, both available on the Legislative NELIS website.

P.S. We greatly value you and your support—it is a privilege to serve you. Thank you for all you do for freedom! If you or someone you know is not a member of HSLDA, will you consider taking a moment today to join or recommend us? Your support enables us to defend individual families threatened by government officials and protect homeschooling freedom for all. Join now >>

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